An Analysis of the Ethiopian Legal Framework For The Formation and Operation of Civil Society Organizations

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Date

2001-07

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Addis Ababa University

Abstract

This research work presents an analysis of the Ethiopian legal Famework that governs the formation and operation of Civil Society Organizations (CSOs). The objective of the research work has been to assess the adequacy of the existing legal regime and practices that govern the formation and operation ofCSOs. The central argument of the research work is a positive assertion that the existing legal framework and practices for the civil society sector is inadequate which in turn affects the contribution of the sector towards the development process of the country. The paper begins by selling out the role of CSOs in the development process and the importance of a legal framework that governs the sector. This discussion shows how CSOs have increasingly came to be accepted as one of the key actors in the development process both at a global and the national level. After having established the role of CSOs in the development process, the paper examines the legal framework that governs this sector. Examination of the legal framework for the civil society sector begins by a literature review on the over all role of law in the development process. The discussion on this subject identifies the crucial role of law in the development process at large and the social, political and economic rationales on why a country should want to have a legal framework that governs the civil society sector. The paper continues to provide a survey of the existing laws and regulations that govern the sector in Ethiopia and tries to identify major practical issues of the legal framework, which have constrained the formation and operation of CSOs. The research work has identified a set of practical problems that the sector is facing both in formation and operation. The issues are identified on the basis of a series of consultation with practitioners of the sector and other well-placed observers. The analysis on these issues proves the central argument that the existing legal framework for CSOs is inadequate and hence the need for adopting a comprehensive legal regime that enables the formation and operation of CSOs. Such a new comprehensive legislation responsive to the needs of the sector will help to maximize the contribution of the sector towards the development effort of the country.

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Ethiopian Legal Framework

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